Repealing no-fault divorce stalled across the U.S. Some worry that will change under Trump

Married couples across the U.S. have had access to no-fault divorce for more than 50 years. “Even in some of the so-called red states, it hasn’t gotten anywhere,” said Beverly Willett, co-chair of the Coalition for Divorce Reform, whose group has unsuccessfully attempted to convince states to repeal their no-fault divorce laws. “These are the bills that gain a foothold because you choose to be silent.” Before California became the first state to adopt a no-fault divorce option in 1969, married couples had to prove that their spouse had violated one of the approved “faults” outlined in their state’s divorce law or risk a judge denying their divorce, said Joanna Grossman, a law professor at Southern Methodist University in Dallas. Bush’s administration over the country’s divorce rate sparked a brief movement for states to adopt “covenant marriages.” The option didn’t replace a state’s no-fault divorce law, but provided an option for couples that carried counseling requirements and strict exceptions for divorce. Eliminating no-fault divorce is also a backdoor way of eliminating gay marriage, since this implies that a marriage is only between a man and a woman.” With Trump’s reelection, Willett, whose group opposes no-fault divorce, said she’s cautiously optimistic that the political tide could change.